TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 2, 2026
Title
ORDINANCE NO. 46-26: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING THREE PARCELS OF LAND MEASURING APPROXIMATELY 5.11 ACRES LOCATED AT 1405, 1445 AND 1515 NORTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED COMMERCE CENTER DISTRICT TO MIXED INDUSTRIAL AND COMMERCIAL DISTRICT; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL/FIRST READING)
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Recommended Action:
Recommendation
Consider Ordinance No. 46-26, a privately initiated rezoning from Planned Commerce Center District (PCC) to Mixed Industrial and Commercial District (MIC) for the 5.11 acre property located at 1405, 1445, and 1515 North Congress Avenue.
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Background:
The subject property is comprised of three parcels totaling 5.11 acres, and is located on the east side of North Congress Avenue, approximately 0.5 miles north of Lake Ida Road and approximately 550 feet south of the Lake Worth Drainage District L-29 Canal. The site is Parcel K within the Delray Park of Commerce, which encompasses multiple parcels.
The subject property has a land use designation of Commerce (CMR) and is within the PCC zoning district. The underlying CMR land use is to be applied to property located along or adjacent to the Congress Avenue corridor, where it is appropriate to accommodate a mix of industrial, service, and commercial uses, and limited residential development opportunities (Policy NDC 1.4.7). Pursuant to LDR Section 4.4.18, the “Purpose and Intent” of the PCC zoning district is to allow a mix of light industrial, service industrial, research and development, office, and limited commercial use in an industrial park setting which is planned and then controlled through a Master Development Plan. The properties within the Master Development Plan (MDP) are required to be under unified control. Evidence of unified control, acceptable to the City Attorney, is required in conjunction with any proposed amendments to the MDP for Delray Park of Commerce. The pods or tracts within the MDP ensure that a mix of uses pursuant to the PCC district are provided.
The parcels are currently developed with commercial / office/ warehouse buildings totaling 46,131 square feet. The 6,650 square foot structure on the 1515 parcel was built in 1991, the 16,533 square foot structure on the 1445 parcel was built in 1995, and the 22,948 square foot structure on the 1405 parcel was built in 2004. The buildings located at 1405 and 1445 generally support a mix of home improvement and catering businesses as well as a fitness facility. The vacant structure located at 1515 is currently occupied by the Sun-Sentinel as general warehousing and storage.
The applicant proposes to demolish the building and redevelop the 1515 site, and has submitted a Level 3 site plan application (File No. PZ-000742-2026) based on the proposed zoning; review is pending approval of this rezoning request. An amendment to the MDP is required to accompany the site plan application. The other two structures are not scheduled for redevelopment at this time and will remain as constructed.
In 2022, the City engaged Streetsense and CBRE (real estate consultants) to conduct a study of the Congress Avenue Corridor to understand the existing conditions, market demand, and existing land use regulations. On May 22, 2023, CBRE prepared the Delray Beach Congress Avenue Strategies Plan (attached) to provide market-informed development and retail strategy recommendations for the Congress Avenue corridor, with the goal of balancing commercial and housing growth. The study found that the PCC zoning district regulations create challenges related to business growth and the ability to make property improvements.
The proposed MIC zoning district is an implementing district of the CMR land use, which facilitates a variety of industrial, commercial, and office uses. The purpose and intent of the MIC zoning district is to provide for a mix of industrial, commercial, and office use in a single zoning district. The permitted uses in MIC are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions.
LDR Section 2.4.5(D)(2), Change of zoning district designation: Required Information
A statement of the reasons for which the change is being sought must accompany the application. Valid reasons for approving a change in zoning are:
• That the zoning had previously been changed, or was originally established, in error;
• That there has been a change in circumstance which makes the current zoning inappropriate;
• That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood.
The applicant asserts that the subject application should be processed under the first, second, and third criteria (justification statement attached). The PCC zoning district provides for a mix of light industrial, service industrial, research and development, office, and limited commercial use in an Industrial Park setting. However, the applicant notes that the subject properties are functionally disconnected from the PCC zoning to the south, limiting its benefits. Additionally, according to the applicant, the mix of retail / showroom space and warehouse uses has been a difficult balance to sustain, and the application of the PCC zoning district has hindered the property owner’s ability to attract new tenants to utilize the buildings for which they were intended.
The Delray Beach Congress Avenue Strategies Plan identified the subject area as an industrial cluster and a light industrial home improvement area, with emphasis on preserving industrial land along the corridor. The subject property does not house businesses in that cluster, however.
Section 3.2.2 - Standards for Rezoning Actions
Rezoning requests must meet five standards, which are described below relative to the proposed rezoning under consideration.
(A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied unless the proposed changes implement an adopted neighborhood or redevelopment plan.
Not applicable; the current zoning is non-residential.
(B) Rezoning of land located west of Interstate-95 to accommodate auto dealerships or to AC (Automotive Commercial) is prohibited pursuant to Policy NDC 2.5.2 of the Neighborhoods, Districts, and Corridors Element of the adopted Comprehensive Plan.
Not applicable. Neither the existing nor proposed zoning allows auto dealerships.
(C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration shall be given to increasing the depth of the mixed -use zoning to provide for more substantive, mixed-use projects that provide compatible transitions in form and use to the surrounding area.
Both the existing and proposed zoning permit uses that could be configured as a strip commercial development. However, no site plan modifications have been submitted in conjunction with this application. The property is currently developed with five commercial/office/warehouse buildings.
(D) Rezoning of land shall result in allowing land uses deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use.
Uses permitted in the MIC zoning district are compatible and are not anticipated to pose negative impacts to surrounding existing and future development.
(E) Remaining infill lots within the Coastal High Hazard Area of the Coastal Planning Area shall be developed using zoning which is identical or similar to the zoning of adjacent properties or that results in less intense development.
Not applicable; The property is not located within the Coastal Planning Area.
The Planning and Zoning staff report provides a full analysis. The Planning and Zoning Board (PZB) voted 6-0 to recommend approval of the request at the September 28, 2026, meeting.
City Attorney Review:
Ordinance No. 46-26 was approved to form and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
The date of second reading and adoption is to be determined.